can i take my wife’s name off the mortgage note.

UPDATED: Sep 30, 2022

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can i take my wife’s name off the mortgage note.

we are common law married for 13 years and now getting divorced. We bought a house together almost a year ago. Now I want to get her name off the mortgage and she does as well. Can this be done?

Asked on August 3, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is a court order in place that prevents you from making any changes on accounts while a divorce is pending, then you cannot take your wife's name off the mortgage.
If there are no temporary court orders, then you and your wife can agree for you to refinance the mortgage into your name alone.   Most mortgage companies will not simply let you take her name off... they will require you to qualify for financing in your name alone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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